Where the Virginia Workers’ Compensation Commission awarded the claimant temporary total disability benefits, this was error because the record shows his wage loss was unrelated to his work injury. Discussion “The Commonwealth argues that the Commission erred as a matter ...

Tagged with: Judge Christopher Clemens Virginia Court of Appeals Workers’ Comp

The trial court did not abuse its discretion in the equitable distribution of the parties’ assets or by awarding wife support for a limited duration. Background The parties were married in 1991 and separated in 2004. The Loudoun Circuit Court ...

Tagged with: Domestic Relations Judge Christopher Clemens Virginia Court of Appeals

There was sufficient evidence to support appellant’s conviction for seven counts of malicious wounding arising from a boating incident. Overview Appellant’s “jon boat” ran out of gas in the middle of a river channel. As he was changing gas tanks, ...

Tagged with: Criminal Judge Christopher Clemens Virginia Court of Appeals

A probation officer had the authority to require appellant, who failed to reregister as a violent sex offender, to wear a GPS monitoring device as a condition of his probation. Further, his probation was properly revoked for disobeying a curfew ...

Tagged with: Criminal Judge Christopher Clemens Virginia Court of Appeals

Where the uncontradicted medical evidence did not suggest that claimant had any physical limitations, the employer did not need to show that a treating physician was “familiar with the physical requirements of the job and the type of physical limitations ...

Tagged with: Judge Christopher Clemens Virginia Court of Appeals Workers’ Comp

Where the evidence against appellant in this petit larceny case included a “training receipt,” which the trial court admitted under the hearsay rule’s business records exception, the court reached the right result. However, the ruling is affirmed for a different ...

Tagged with: Criminal Judge Christopher Clemens Virginia Court of Appeals

Where a contract with a funeral home gave two individuals authority to receive the decedent’s cremains, the funeral home did not breach the contract by giving both urns containing the cremains to only one of the named individuals. Overview Plaintiff ...

Tagged with: Civil Practice Judge Christopher Clemens Roanoke Circuit Court Virginia Circuit Courts

A Roanoke funeral service appears likely to escape liability in a lawsuit over its handling of a decedent’s cremains in the face of family hostility. A judge’s ruling could bar recovery for a Roanoke woman who said the funeral home ...

Tagged with: Contract Judge Christopher Clemens Roanoke Circuit Court

On Aug. 15, 2016, Alexander Nelson underwent a colonoscopy after which he suffered abdominal pain, nausea and vomiting. The next day, Aug. 16,  Nelson saw his gastroenterologist who referred him to the Lewis-Gale Medical Center Emergency Department for a CT ...

Tagged with: Judge Christopher Clemens Medical Malpractice Million-Dollar Verdicts Roanoke Circuit Court